Sidor som bilder

On motion of Mr. Pugh,

Keefer, Larsh, McComas, Mullikin, Murray, It was ordered to be entered on the Journal Noble, Nyman, Pugh, Purnell, Ridgely, Rusthat bad Mr. Pugh, of Cecil, been present on sell, Sands, Schley, Schlosser, Scott, Smith, Friday, June 24th, he would have voted of Carroll, Sneary, Stirling, Stockbridge, against the amendment of Mr. Brown to the Swope, Sykes, Wickard, Wooden-41. 23d Article of the Bill of Rights, and in favor Nays-Messrs. Audoun, Belt, Bond Briscoe, of the adoption of the Article as reported by Brown, Chambers, larke, Dent, Edelen, the Committee.

Hollyday, Lansdale, Miller, Morgan, Parker, On motion of Mr. Topp,

Peter, Thomas-16. It was ordered to be entered on the Jourral The following explanations were made by that had Mr. Todd been present on Friday, members as their banes were called : June 24th, he would have voted against the Mr. MILLER. I wish to say that I did not amendment of Mr. Brown, to the 23d Article offer this order as a partisan measure at all, of the Bill of Rights, and in favor of the because it reaches members upon both sides adoption of the Article as reported by the of this body. The Convention Bill, accordCommittee.

ing to my judgment, is very clear in its proOn motion of Mr. NOBLE,

visions that the classes of persons I have de . It was ordered to be entered on the Journal signated in my order, are not entitled to that had Mr. Noble been present on Friday, seats in this body. There is a clause in the June 24th, he would have voted against the Convention Bill, however, which makes that amendment offered by Mr. Brown, to the construction liable to a doubt. I merely 23d Article of the Bill of Rights, and in favor wish the Committee on Elections to examine of the Article as reported by the Committee. and report to this body whether such memOn motion of Mr. AUDOUN, it was

bers were entitled to seats here, and what Ordered, that the Committee on the Judi- the powers of this body were. I offered the ciary be and they are hereby requested to order for no partisan purpose, but merely to inquire into the expediency of empowering call the attention of the Committee on Electhe several Orphans' Courts of this State to tions to the subject, and have them report, so authorize guardians and administrators to that it may be decided by what part of the lease vacant lots belonging to deceased per- Convention Bill this body is bound. I theresons' estates and wards.

fore vote “no." • On motion of Mr. MILLER, it was

Mr. Sands. Being one of that unfortunate Ordered, that the Committee on the Judi- class of people who happen to hold office ciary be instructed to inquire into the expe- under the Constitution of Maryland, I ask to diency of inserting a provision in the Consti- be excused from voting. I will only say that tution requiring every case in the Court of if I had bad any doubt about my right to Appeals to be decided by said court within hold a seat here, I would not rest satisfied three months after the same has been argued until that doubt was settled. or submitted for decision.

The Convention refused to excuse the memMr. Miller submitted the following order: ber from voting, and he voted “aye."

Ordered, that the Committee on Elections Mr. STIRLING. I moved to lay this order be instructed to inquire and report whether on the table for the reason that if it were under the provision of the Convention Bill adopted, so far as determining the question of requiring the qualifications for a seat in tbis eligibility to a seat here, it can result only in Convention to be the same as those required nothing or in breaking up this Convention. for a seat in the House of Delegates, or any / I am therefore opposed to having this subject other provision of said act, any person hold- inquired into in any shape or form. I vote ing any civil or military office under the "aye." United States, or any minister or preacher of Mr. Topp. Regarding the order of the the gospel, or any person holding any civil / gentleman from Anne Arundel (Mr. Miller) office of profit or trust under this State, ex. as especially complimentary to myself, mocept justices of the peace and senators or tives of modesty induce me to ask to be exdelegates in the present Legislature, is enti cused from voting. tled to a seat in this body.

The member was accordingly excused. Mr. STIRLING moved to lay the order upon The motion to lay the order on the table the table.

was accordingly adopted, Upon that question Mr. MILLER called for

LIMITATION OF SPEECHES. the yeas and nays, which were ordered.

Mr. ABBOTT submitted the following: The question being then taken by yeas Ordered, That the time allowed each memand nays, it resulted-yeas 41, pays 16-as ber for debate on any question before the follows:

Convention be limited to fifteen minutes ; ! Yeas-Messrs. Goldsborough, President; that no extension of time be granted except Abbott, Annan, Baker, Brooks, Carter, Cun- by a vote of two-thirds of the members presningham, Cushing, Daniel, Davis, of Wash- ent. ington, Earle, Ecker, Galloway, Hateb, | Mr. THOMAS. I am opposed to the adopHebb, Hopkins, Hopper, Jones, of Cecil, tion of that order. I take it that gentlemen who hare had opportunities to put them- Mr. HEBB. Is that in order as an amend. selres upon the record and to give the rea- ment to the amendment ? sons which induced them to vote for or The PRESIDENT. The Chair is of opinion against certain propositions that have already that it is not germain to the pending propobeen before the Convention, should allow sition. the same privilege to other gentlemen who Mr. CHAMBERS. The proposition of the hare not had that chance. Now, this order gentleman from Baltimore city (Mr. Thomas) of my colleague (Mr. Abboti) cuts off entire is simply an amendment to the amendment ly those members who have not spoken upon offered to the original proposition. The these questions, from giving the views which original proposition was to limit debate on they entertain and which they may desire to all subjects to fifteen minutes. An amendhare put upon record. I do not think it is ment is proposed to that to allow debate on fair or just that this should be done. I do all subjects to the extent of thirty minutes not think that when the Legislature provid- for each member. The gentleman from Baled a short-hand reporter for this Convention timore city (Mr. Thomas) proposes to amend ther intended that that reporter should take tlie amendment by allowing each member, down the remarks of a few gentlemen and who desires to speak, one hour on the two not the remarks of all others who desire to subjects embraced in his proposition, while speak upon any subject. I do not think that on all other questions debate shall be limited reporter is exclusively their property or the to fifteen or thirty minutes as the Convenproperty of any one meinber of this Conven- tion may determine. It seems to me that his tion. I, for one, am opposed to the adop- proposition is perfectly germain. tion of this order.

Mr. STOCKBRIDGE. I would suggest that Vr. STOCKBRIDGX called for a division of the amendment proposed by my colleague is the question.

rather an amendment to the original propoThe question was accordingly stated to be sition than an amendment to tbe amendment upon the first branch of the order, limiting of the gentleman from Frederick (Mr. Cunthe time for debate to fifteen minutes for each ningham.) member.

The PRESIDENT. The gentleman is correct. Mr. CUNNINGHAM moved to amend by strik- The question will first be taken upon the ing out the word "fifteen" and inserting the amendment of the gentleman from Frederick, word "thirty" so as to allow a member The question being then taken upon the thirty minutes for debating a question. amendment of Mr. CUNNINGHAM to strike out

Mr. CHAMBERS moved to lay the whole sub- the word "fifteen" and insert the word jeet upon the table.

" thirty," it was agreed to upon a division, Upon this question, Mr. STIRLING called for ayes 33, noes 22. the yeas and nays, wbich were ordered. The question then recurred upon the

The question being then taken, hy yeas amendment of Mr. Thomas, to add to the first and nays, upon the motion to lay upon the branch of the order submitted by Mr. ABtable, it resulted-yeas 19, nays 39-as fol- BOTT, the following: lows:

! "On all questions connected with the subYear-Messrs. Goldsborough, President; jects of representation and State compensaAudoun, Belt, Bond, Briscoe, Brooks, Brown, tion, ev:ry member who desires to speak Chambers, Clarke, Dent, Edelen, Hollyday, shall be allowed one hour to address the Lansdale, Larsh, Miller, Morgan, Parker, Convention.” Peter, Thomas-19.

Mr. STOUKBRIDGE. I would suggest to my Nays-Messrs. Abbott, Annan, Baker, colleague that his amendment as it now reads Carter, Cunningham, Cushing, Daniel, Davis,! does not fully express what he designs to acof Washington, Earle, Ecker, Galloway, i complish. As it now reads it would seem to Hatch, Heub, Hopkins, Hopper, Jones, of allow one hour on all questions except those Cecil, Keefer, McComas, Mullikin, Murray, 'connected with representation and State Xoblé, Nymau, Pugb, Purnell, Ridgely, Riis- compensation. sell, Sands, Schley, Scblosser, Scott, Smith, Mr. Thomas modified bis amendment so as of Carroll, Sneary, Stirling, Stockbridge, to read as follows: Swope, Sykes, Todd, Wickard, Wooden-39, "Except on all questions connected with

The motion to lay on the table was accord- the subjects of representation and State comingly rejecten.

pensation, upon which every member who The question then recurred upon the desires to speak shall be allowed one hour to ameodment of Mr. CUNNINGHAM to strike out address the Convention.". **fifteep" and insert “thirty.".

Mr. Boxp. There is another subject which Mr. Tuomas. I offer the following as an I think will claim at the hands of this conamendment to the amendment:

vention as much deliberation and will call * On all questions connected with the sub- for as much discussiún as the subjects named jects of representation and State compensa- | in the amendment of the gentleman froni tion, every member who desires to speak | Baltimore city (Mr. Thomas,) that is, the shall be allowed one hour to address the subject of the judiciary. I know, and we all Coprention."

know, that there are a great many different Yeas-Messrs. Abbott, Annan, Belt, Bond, propositions upon that subject, and a great Brown, Clarke, Davis, of Washington, Earle, many different views held by the members Haich, Hebb, Jones, of Cecil, Kiefer, Langa of the Coi vention in reference to the estab. dale, Mulikin, Murray, Rivgely, Sebley, lishment of the judiciary; and if my frient Scott, Speary, Thomas, Wooden—21. will consent to include that subject with the Nays-Messrs. Goldsborongh, President; two he has nimed, I will vote for his prope Audoun, Baker, Briscoe, Brooks, Carter, sition with pleasure; if not, then I will have Chanters, Cunningham, Cushing, Daniel, to move to amend by i serting the word Dent, Ecker, Edelen, Galloway, Hollyday, "jud ciary," so as to include thatsubject with Hopkins, Hopper, Larsh, M.Comas, Miller, the subjects of representation and Slate com- Morgon, Noble, Nyman, Parker. Peter. Pugh, pensation.

Purnell, Russell, Schlosser, Smith, of Carroll, Mr. Thomas. If the Conrention desires to Stirling, Stockbridge, Swope, Sykes, Todd, include that sulject I shall have no objec- Wickard-36. tion. But I would prefer the vote to be first Pending the call of the yeas and nays, the taken upon the proposition as I have sub- following explanations were made by memmitted it.

bers as their names were called : Mr. Bund. Then I move to amend by in.

Mr. CLARKK. I am in favor of the propoBerting the word "judiciary" after the word sition of my colleague (Mr. Belt.) But I berepresentation."

lieve I have already consumed some of the The PRESIDENT. The qnestion can be taken time of this Convention; and in consideraupon that after the proposition of the gen- tion of that fact, I would not like to deprive tlemın fiom Ballimore city (Mr. Thomas) other members of the same chance I hope, shall have been adopied.

therefore, the Convention will excuse me from The question recurred upon the amend voting. ment of Mr. THOMAS.

The Convention not excusing him, Upon this question, Mr. Daniel called for

Mr. CLARKE voted "aye.": the yers and pays, which were ordered.

Mr. HOPKINS. I ask to be excused from The question being thien tiken, by yeas voting. I think this is consuming time in and najs, it resulted—Jeas 22, pays 35-as child's play. follows:

Not being excused,
Yras-Messrs. Goldsborough, President; Mr. HOPKINS voted "0."
Audoun, Belt. Bond, Briscoe, Brooks, Brown,

Mr. Scott. Under the circumstances, I ask
Carler, "Chambers, Clarke, Dent, Edelen, to be excused from voting.
Hollyday, Lansdale, Larsh, Miller, Morgan,

Not being excused, Nynian, Parker, Smith, of Carroll, Sykes,

Mr. Scott voted "aye." Tbomas-22.

The amendment of Mr. Belt was accordhet Nays— Messrs. Abbott, Annan, Baker, Cun- ingly rejected. ningbam, Cushing, Daniel, Davis, of Wa h The question recurred upon the first branch ingt n, Earle, Eckır, Galloway, Hatch, Hebb, of the order as amended, reading as follows: Hopkins, Hopper, Jones, of Cecil, Keefer, Ordered, That the time allowed each McComis, Mullikin, Murray, Noble, Peter, member for debate on any question before Pugh, Purnell, Ridgely, Russell

, 'Sebley, the Convention shall be limited to thirty Schlosser, Scott, Sneary, Stirling, Stock- minuies." bridge, Swoje, Todd, Wickard, Wooden-35. The question being taken, it was adopted.

The amendment Wus accordingly rejected. The question then recurred upon tbe second

The question recurre i upon agreeing to branch of the order, as follows: the first branch of the order submitted by

“And that no extension of time be granted Mr. ABBOTT as amended upon motion of Mr: except by a vote of two-thirds of the members CUNNINGHAM.

present. Mr. Belt moved to amend by striking out

Mr. Coshing moved to amend by striking all after the words “ordered ibat" and in- out "two-tbirds," and inserting "a majorserting the following:

ity." " There shall hereafter be no debate on any The question being taken, the amendment question whatever."'

was not agreed to, upon a division--ayes 22, Mr. RIDGELY. Is that amendment in or noes 28. der ?

The question then recurred upon agreeing The PRESIDENT. The Chair is of opinion to the second branch of the order. that it is in order, as it relates to the subject Upon this question Mr. Chambers asked for embraced in the ginal proposition, viz: the yeas and nays, wbich were ordered. that of' debate.

The question being then taken, by yeas Upon this question, Mr. Belt called for and nays, it resulted-yeas 38, najs 20--AS the seas and nity's, which were videred. follows: The question being then talien, by yeas

Yeas— Messrs. Abbott, Annan, Baker, Belt, and ways, it resulted-yeas 21, nay: 36-as Brown, Cunningham, Daniel, Davis, of Washfollows :

ington, Earle, Ecker, Galloway, Hatch, Hebb,

Hopkins, Hopper, Jones, of Cecil, Keefer, i Nays-Messrs. Goldsborough, President; McComas, Mullikin, Noble, Nyman, Parker, Abbott, Annan Audoun, Baker, Brooks, CarPagh, Ridgely, Russell, Sands, Schley, Schlos- ter, Cunningham, Cushing, Daniel. Davis, of ser, Scott, Smith, of Carroll, Sneary, Stir- Washington, Earle, Ecker, Galloway, Hatch, ling, Stockbridge, Swope, Sykes, Todd, Wick Hebb, Hopkins, Hopper, Jones, of Cecil, ard, Wooden-38.

Keefer, Larsh, McComas Mullikin, Murray, NaysMessrs. Goldsborough, President; Noble, Nyman, Parker, Pugh, Purnell, Andoun, Bond, Briscoe, Brooks, Carter, Riagely, Russell, Sands, Schley, Schlosser, Chambers, Clarke, Cushing, Dent, Edelen, Scott, Sneary, Stirling, Stockbridge, Swope, Bollyday, Lansdale, Larsh, Miller, ilorgan, Sykes, Thomas, Todd, Wickard, WoodenMurray, Peter, Purnell, Thomas-20.

The second branch of the order was accord The article was accordingly rejected. ingly adopted.

No further amendments being offered The entire order as amended and adopted is The question was stated to be upon orderas follows:

ing the report of the Committee upon the De " Ordered, That the time allowed each claration of Rights, as amended upon its member for debate on any question before second reading, to be engrossed for a third the Convention shall be limited to thirty reading, and printed-which was ordered. minutes; and that no extension of time be Mr. STIRLING. I move that the rules be granted except by a vote of two-thirds of the suspended, in order that this report diay now members present.'?

be put upon its third reading. Under the

fifteenth rule, that motion requires a twoDECLARATION OF RIGHTS.

tbirds vote to be adopted. The Convention then resumed the consider- Wr. Dent. Has this report, as amended ation of the order of the day, being the re-l on its second reading, been engrossed by the

e Committee on the Declaration of engrossing clerk, or is it to be considered as Rigbts, which was on its second reading. only constructively engrossed ?

The pending question was upon the follow The PRKSIDENT. So far as the information ing amendment submitted by Mr. ABBOTT: of the Chair extends, the report has not been

Insert as an additional article the follow- regularly engrossed, as is usual in parliamenting:

ary proceedings. Article 1. Truths to be held as self-evi- Mr. Clarke. I do not know that the order dent are, that all men are created equally in which these articles are to follow each free; that they are endowed by their Creator other in this Declaration of Rights have been with certain inalienable rights, among wbich determined upon. Several new articles have are life, liberty, the enjoyment of the pro- been adopted, and it was said that the Presiceeds of their own labor, and the pursuit of dent would have the right to determine the happiness."

order of the articles. I think that should be Mr. STOCKBRIDGE. I move to amend the done before thi: report is read the third time phraseology of the proposed article by striking and taken up for final action. out in the first line the words “ truths to be The PRESIDENT. The point raised by the beld as self-evident," and inserting, that we gentleman from St. Mary's (Mr. Dent) is that hold it to be self-evident," so that the article this report has not actually been engrossed for will read:

its third reading. "That we hold it to be self-evident that Nr. Dent. And I supposed that would be all men are created equally free; that they held to be an objection to reading it the third are endowed," &c.

time now Mr. A BBOTT. I have no objection to that, Mr. Srirling. Did the gentleman from St. as it is merely a change of phraseology, and Mary's (Mr. Dent) ever know a bill in the oct of principle.

Legislature of Maryland to be actually enThe amendment was agreed to, and the ar grossed before it was read the third time? I ticle as amended was then adopted.

think that a far back as memory runs, at dir. BuISCOE submitted the following as an least as far back as I have any knowledge, additional article:

the practice in Maryland has been contrary to "Article 3. That absolute, arbitrary power the ordinary parliamentary practice; that is, over the lives, liberty and property of tree- the practice has uniformly been to engross å toen exists nowhere in a republic; not even bill after i's third reading, and not before. in the largest majority."

Mr. THOMAS. I would call the attention Upon this question Mr. BRISCOE called for of the Chair to Rule 53, which is in these the yeas and nays, which were ordered. words:

The question being then tuken, by yeas and "After a report of any committee, (empays, it resulted-yeas 13, nays 44-as fol. bodying proposent provisions for the Constitulows:

tion,) has passed through its secord reading, Yeas-Messrs. Belt, Bond, Briscoe, Brown, on which second reading it shall be open to Chambers, Clarke, Dent, Edelen, Hollyday, amendment, the question shall then be put by Lansdale, Miller, Morgan, Peter-13.

the President of the Convention : "Shall this

report be engrossed for a third reading?' If vision was made. It was solemnly deterobjection is made, then a majority of the mined by tbe Convention, after full discus. members shall decide upon the question of sion, that the judges of the district courts engrossment, and after the engrossment of a should not hold office after reaching the age report is ordered, the secretary shall bave the of seventy years. But no such provision as same printed as engrossed. After any report that is to be found in the Constitution. It of a committee has passed to a third reading, was placed in the custody of somebody, as is it shall not be in order to amend the same, now proposed, to complete the work, and except by the consent of the majority of the that provision was left out of the Constitu members elected to the Convention."

tion entirely. Now, let us have this report Mr. STIRLING. My motion is to suspend fully and fairly engrossed and printed, so the rule.

that we can leisurely examine it, and then we Mr. Dent. In reply to the inquiry of the can understandingly vote upon it. gentleman from Baltimore city (Mr. Stirling) | Mr. STIRLING. I made the motion, when I would say that I have very frequently these rules were under consideration, that all known bills to be engrossed before being read reports should be actually engrossed before a third time, and the amendments which have they were read a third time. But so far as I been adopted on the second reading properly was aware, the proposition seemed to meet inserted in the engrossed bill, otherwise it with some opposition on the other side of the would be impossible for the members of the house. I withdrew it, however, because I Legislature to know upon what they were found that I had inadvertently introduced it voting.

at a wrong stage of the discussion. I conMr. STIRLING. I perhaps went a little too cede that, as a general thing, reports ought far in saying that it never was the case that a to be recopied before being read a third time, bill was engrossed before being read the third I would not do otherwise, except where the time. But it certainly is the fact that at circumstances would seem to justify it. But every session of the Legislature bills are taken few amendments have been made to this reup from the clerk's desk, read the third time port, and the secretary will not have to copy and passed before they are engrossed. It has more than fifteen or twenty lines, so that even been the practice in many cases for bills practically it will amount to the same thing not to be engrossed until after the session of as if it was actually engrossed. I think, the Legislature has closed. The engrossment therefore, we might wind up this report now. before the third reading is a parliamentary I think that events are moving very rapidly, fiction, I admit; but it is a fiction sustained and if we are not more prompt in our action by the uniform legislative practice of this they will catch up with us. State.

Mr Miller. The fifty third rule, I think, Mr. STOCKBRIDGE. I desire merely to say is as much a part of our rules as is the fifthat I do not see that we sball expedite mat- teenth. And the fifty-third rule absolutely ters at all by suspending the rule and putting requires that this report should be enthis report upon its third reading to-day. grossed and printed before it is read the third We have on our tables reports of several time. Now, to suspend that rule, the suspenother committees, and can take up any one of sion must take place under the operation of them and proceed with it, allowing time to the forty-ninth rule, which requires a threethe committee on engrossment to have this fifths vote. report as amended properly engrossed, and The PRESIDENT. The fifteenth rule is conhave it printed. We can pow order it to be fined exclusively to reports. engrossed, and make it the special order for Mr. Miller. The fifty-third rule applies to some day next week.

reports also. There would seem to be a conMr. STIRLING. It can be engrossed by the flict between those two rules. committee after its third reading, as well as Mr. STOCKBRIDGE. I would suggest that before.

those rules stand precisely as articles in our Mr. CHAMBERS. This practice of trusting code. Where there is a general law and a these things to a committee, or to any one, is local law, the local law applies. The fifteenth a very dangerous practice. There is no ad- rule is a local rule, and of course the general vantage to be gained by passing finally upon rule must give way where the local rule apthis report to-day rather than tomorrow, or plies. the day after. I rise chiefly, however, to call Mr. CLARKE. If we could have this report attention to the danger of this experiment. printed and brought in here to-day, then the In the last Convention, the one of 1850, there fifteenth rule might apply. But if we cannot was the same anxiety to hurry through the have the report printed and laid before us tobody a portion of its work. The result was day, then I ibiok the fifty-tbird rule must that we had not a fair copy before us to ex- apply. That rule readsamine, but entrusted that work to others. If objection (to the engrossment) is made, And a very important portion of the Constitu- then a majority of the members shall decide tion, as adopted by the Convention, was left upon the question of engrossment, and after out in the committee room, where the last re- the engrossment of a report is ordered, the

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